07-10-2018, 01:29 PM
"Common use", yeah. I don't know if or where that has been defined judicially, or how extensive such usage must be in order to be "common." Being used for self-defense, hunting and other lawful uses is good since it codifies a majority-use test vice a "whatever a minority does to misuse something" test, especially in a discussion of rights... as for emerging technologies, I think of things like the stun gun, mace/pepper spray, laser-swords (jedi- LOL)(which may be invented in the future)... things that weren't even thought of 20, 50, 242 years ago.
"Common use", if it had been invoked as a standard the first couple of years after the lever-action rifle was invented, would not have spared such an "assault weapon" of the day (too new and too expensive for common folks at the time), same for the six-gun revolver, so yes there might be room for some concern
In truth technology is almost always ahead of the Law so this sets up or at least recognizes a tension between rights and emergent technology. But I'm not sure there is a good way to Not have that tension...
"Common use", if it had been invoked as a standard the first couple of years after the lever-action rifle was invented, would not have spared such an "assault weapon" of the day (too new and too expensive for common folks at the time), same for the six-gun revolver, so yes there might be room for some concern
In truth technology is almost always ahead of the Law so this sets up or at least recognizes a tension between rights and emergent technology. But I'm not sure there is a good way to Not have that tension...
"Down the floor, out the door, Go Brandon Go!!!!!"